Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2039)

WESTFIELD DESIGN AND CONSTRUCTION PTY LIMITED /CONSTRUCTION FORESTRY MINING AND ENERGY UNION CONSTRUCTION NSW ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 JULY 2013

Application for approval of the Westfield Design and Construction Pty Limited/Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Westfield Design and Construction Pty Limited/Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2012-2015 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Westfield Design and Construction Pty Limited/Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2012-2015, the Fair Work Commission was asked to decide whether the agreement should be approved. The applicant, Westfield Design and Construction Pty Limited, sought approval of the enterprise agreement with the Construction Forestry Mining and Energy Union Construction NSW. The dispute centred around the terms of the proposed agreement, specifically whether they complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act. This included determining if the agreement provided for a safety net of minimum wages and conditions, included appropriate provisions for dispute resolution, and did not include any terms that were against public policy or contrary to the spirit of the Act. Additionally, the Commission needed to assess if the agreement had been genuinely negotiated and if it contained appropriate provisions for employee representation.

The Commission found that the agreement met the necessary criteria for approval. The agreement provided a safety net of minimum wages and conditions, contained appropriate provisions for dispute resolution, and did not include any terms that were against public policy or contrary to the spirit of the Act. The Commission was satisfied that the agreement had been genuinely negotiated and contained appropriate provisions for employee representation. Accordingly, the Commission approved the enterprise agreement, finding that it met all the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the Westfield Design and Construction Pty Limited/Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2012-2015. The Commission found that the agreement met all the necessary criteria for approval, including providing a safety net of minimum wages and conditions, containing appropriate provisions for dispute resolution, and not including any terms that were against public policy or contrary to the spirit of the Act. The Commission was satisfied that the agreement had been genuinely negotiated and contained appropriate provisions for employee representation.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established